KESA RAM AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-1998-2-87
HIGH COURT OF RAJASTHAN
Decided on February 03,1998

Kesa Ram And Another Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

G. L. Gupta, J. - (1.) This writ petition under Article 226 of the Constitution of India has been preferred seeking quashment of the notices under Sections 6&9 dated 24-9-80 and 12-9-86 issued under the Rajasthan Land Acquisition Act, 1954.
(2.) Though in the writ petition various grounds have been taken but Mr. Acharya confined his arguments to one point only and therefore it is not necessary to mention the facts in detail. The admitted facts are that Notification under Section 4 of the Rajasthan Land Acquisition Act. 1953 was issued on 21st of July, 1979 in respect of agricultural land situate in village Doongari The total land covered by the Notification was 405 bighas and 3 biswas. Out of that, the petitioner's land was 2 bighas and 18 biswas. Notification under Section 6 of the Act was issued on 24-9-80 and Notice under Sec, 9 of the Act was issued on 12-9-86. The award was passed on 22-4-87. After the award m passed, possession has been handed over to respondent no. 3.
(3.) At Para 11 of the writ petition, it has been averred that by the amendment of 1984 in the Central Act Section 11 - A was inserted and the time limit fixed for making an award under Section 11 is two years from the date of the publication of the declaration and as no award was passed within that period, the entire proceedings for the acquisition of the land apse, and the award given after 24th Sept., 1986 is unauthorised and void. At Para 15 of the writ petition, it has been stated that Section 11-A overrides the provisions of Section 56 of the Act by virtue of Article 254 (1). However, this contention was not pressed by Mr. Acharya during arguments.;


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